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Expert Analysis

Is Electricity A Good Or Service? The Debate Charges On

Law360, New York ( July 15, 2014, 11:10 AM EDT) -- Legal proceedings where courts have been required to determine the classification of electricity as either a "good" or a "service" under § 503(b)(9) of the Bankruptcy Code have been the subject of recent "charged" debates. Under § 503(b)(9), a seller of goods receives "administrative expense" priority status for "the value of any goods received by the debtor within 20 days before the date of commencement of a case under this title in which the goods have been sold to the debtor in the ordinary course of such debtor's business."[1] Sellers of "services" do not enjoy this benefit....

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